Letter from the PSAC National President to the President of the Treasury Board regarding the FB bargaining unit

29 October 2020

PSAC National President Chris Aylward sent the following letter to the Hon. Jean-Yves Duclos, President of the Treasury Board, on October 26, 2020.

Dear Minister,

I am reaching out to you to provide you with information related to an equitable retirement regime for members of the FB bargaining unit (Canada Border Services Agency employees). As you may know, PSAC has been advocating for such an equitable retirement regime for FB members for many years. We are seeking an arrangement for these members that is consistent with other law enforcement officers in the federal public service, including RCMP members and Correctional Officers.

Employees in the FB bargaining unit carry out a vast range of duties associated with the enforcement of the law, including collaboration with other law enforcement, intelligence and security agencies in joint operations. Despite the ongoing pandemic, these members continue to proudly work and deliver on behalf of Canadians.

Border Services Officers (BSOs) represent most of the workers in the bargaining unit. These employees work at airports, land border and marine ports of entry, and at Canada Border Services Agency (CBSA) postal operations.

BSOs have the power to seize and arrest and are required to undergo regular Control and Defence Tactics (CDT) training as a condition of employment. Since 2006, BSOs working in land border and marine environments are equipped with firearms. This arming initiative has also come to include Inland Enforcement Officers, Intelligence Officers and Investigators, all three groups also being required to undergo regular CDT training.

The nature of the work performed by members of the bargaining unit, and the fitness standards that are required for employees to perform their duties, are entirely consistent with what is found with other law enforcement agencies, be they federal such as the RCMP and Corrections, or in other jurisdictions such as the Ontario Provincial Police and the Sureté du Québec. It is because of the work and the fitness standards associated with the work that these other law enforcement agencies have adopted early retirement regimes. Simply put, it is increasingly difficult for officers as they advance in age to meet the standards required. Employers are required under Human Rights Legislation to accommodate up until undue hardship. Early retirement regimes alleviate this burden on employers and staff. The same is true in the case of CBSA.

Given the nature of the work performed by employees in the FB bargaining unit and the crucial importance of that work in terms of ensuring the safety and security of Canadians, it is in the interest of both the federal government and the broader Canadian public that employees in this occupational group have access to an early retirement regime to avoid risks to public health and safety.

It is only fair that workers in the FB bargaining unit are afforded benefits that are comparable to that of other law enforcement officers. Other federal public service workers facing similar workplace demands, such as Correctional Officers, already have this type of retirement regime.

As such we have been advocating for CBSA members to be able to access retirement without penalty 5 years earlier than existing Group 1 members of the Public Service Pension Plan, consistent with operational service provisions for employees of Correctional Services Canada.

In order to achieve equitable retirement for FB members specifically, changes are required to the Public Service Superannuation Act and its regulations.

FB members have been advocating for an equitable retirement regime for many years. The issue is before a sub-committee of the Public Service Pension Advisory Committee. We are urging you to support the work of PSPAC and to support legislative changes to allow for CBSA employees to access the same early retirement provisions that are available to many law enforcement officers across the country.

Further, we would welcome the chance to meet with you via videoconference to discuss this important matter at your earliest convenience.

Sincerely,

Chris Aylward
PSAC National President

Click here for the PDF version.[

FB bargaining team tables wages in negotiations

23 October 2020

Every day, PSAC-CIU members in the FB group put their lives on the line to protect Canadians; safeguarding our borders, inspecting dangerous goods, and screening travelers for COVID-19 from coast to coast.

Throughout this round of negotiations, the PSAC-CIU bargaining team emphasized that members deserve a contract that recognizes their incredible dedication and brings them fully in line with law enforcement agencies across Canada.

All of the FB team’s bargaining proposals reflect this, from pension reform, paid time for firearms practice and reimbursement for firing range fees to paid meal periods and a plain clothes allowance for the Intelligence, Inland Enforcement and Criminal Investigations community.

During bargaining October 19-23, the team put forward a wage proposal that reflects the need for parity with the broader law enforcement community.

Wage proposals in line with national average

PSAC conducted a survey of wage rates at major law enforcement agencies across Canada, including provincial police (OPP, Sûreté du Québec and the Newfoundland Constabulary) and large municipal police forces (Toronto, Montreal, Peel Region and Vancouver). Our wage demands provide for fair annual increases and a market adjustment that would close the gap between FB members and the national average for law enforcement personnel.

PSAC-CIU pay proposal

Need to address discipline, grievance policy

The team have also made proposals to fix rampant discipline problems at Canada Border Services Agency (CBSA). The team made it clear this past week that they do not trust CBSA management. New protections for union members are needed. They also raised issues with the grievance procedure and the fact that the process is lengthy and inefficient. CBSA has implemented unreasonable changes to its repayment policy when employees are erroneously overpaid. The team has proposed to fix these problems.

Lastly, the bargaining team raised problems related to access to leave with income averaging and telework that need to be addressed.

No concessions

CBSA is proposing to remove the 7-day shift change notice and replace it with 48 hours’ notice, consistent with the CX agreement. The bargaining team informed management that the Confédération des syndicats nationaux (CSN) and the CXs may have agreed to this, but our union will not.

Management is also proposing concessions in the context of discipline and our variable shift schedule arrangements. The team informed the employer that, while we are prepared to bargain fairly, they are interested in improvements at CBSA, not concessions.

Upcoming bargaining dates

PSAC-CIU is in the process of setting dates to return to the table with the employer in November. The expectation is that management will return to the table prepared to address these issues in a meaningful way.

Through membership solidarity and perseverance, PSAC-CIU can achieve these objectives in this round of negotiations. We have made groundbreaking gains for FB members in the past. We will do so again.

To review the package of proposals that we tabled as well as those of the employer, visit PSAC’s FB page. We’ll announce new bargaining dates when they’re available and continue to provide updates throughout the bargaining process.

Please be sure to speak with your CIU branch president if you have any questions.

The original version of this article was first posted on the PSAC website.[

PSAC and Treasury Board sign PA, TC and Phoenix deals

23 October 2020

PSAC and Treasury Board today signed new collective agreements for the Program and Administrative (PA) and Technical Services (TC) groups that were ratified by members on September 29. The two bargaining units account for over 80,000 federal public service workers. PSAC and Treasury Board also signed the Phoenix damages agreement reached this summer.

Separately, the parties signed the protocol agreement on the negotiation of working conditions for civilian members in the RCMP who are slated to be deemed into PSAC bargaining units.

Please see the following page on the PSAC website for more detailed information.

FB Bargaining: PSAC-CIU protects bargaining unit work

19 October 2020

Buckling under legal pressure from PSAC-CIU, the Canada Border Services Agency (CBSA) has stopped contracting out the work of trained border services officers to students at ports of entry in Toronto.

In July, CBSA management in Toronto implemented new shifts staffed exclusively by students after PSAC-CIU members refused to enter into talks on a temporary variable shift schedule arrangement (VSSA) due to concerns that management would abuse the agreement.

As a result, PSAC took legal action and filed an unfair labour practice complaint with the Federal Public Sector Labour Relations and Employment Board against the CBSA and Treasury Board.

Staffing our ports of entry with trained CBSA border services officers is the only way to ensure the safety of Canadians and our borders.

In light of the legal action taken by PSAC-CIU, CBSA in Toronto has reversed the changes made in July. PSAC will therefore be withdrawing its complaint.

Our bargaining team has made proposals in national negotiations concerning protections against unilateral changes to scheduling and to protect our bargaining unit work. To be clear, PSAC-CIU is not opposed to students receiving training and work experience opportunities. But our proposals would protect against students being used as cheap labour by CBSA. Students should never replace trained officers at CBSA ports of entry.

The legislation states that all matters subject to negotiation are frozen until such time as the parties reach a new agreement. This means that our current terms and conditions are frozen, unless the union consents to changes CBSA wants to make. We were not consulted on the changes made. We are opposed to BSOs being replaced by students. We do not agree with CBSA’s scheduling changes.

Other legal challenges against CBSA

Our legal challenges over CBSA’s contracting out the work of Border Services Officers to Commissionaires at Pearson International Airport and changes made to shifts at Postal Operations in Vancouver are ongoing. We are also in mediation on complaints related to leave with income averaging and compressed schedules. Our dispute concerning CBSA’s name tag policy is still ongoing.

We will continue to pursue legal action against CBSA until such time as the employer complies with its legal and contractual obligations.

To review the package of bargaining proposals that we tabled as well as those of the employer, visit the PSAC page for the FB page group. We’ll announce new bargaining dates when they’re available and continue to provide updates throughout the bargaining process.

The original version of this article was first posted on the PSAC website.

The FB bargaining team needs your support!

19 October 2020

Photo of CBSA officer with orange epaulettes

The FB bargaining team is back at the bargaining table this week!

As a show of support for our team, we are asking all our members to proudly wear or display their union swag (epaulets, laces, wristband, mug, etc.) and to keep them displayed until the union reaches a tentative agreement.

We also invite our members to send photos of them wearing or displaying their union swag at comms@ciu-sdi.ca.

Note: By sending in their photos, members agree that CIU may publish these photos online, including its website and social media pages. Those who wear a name tag should remove or hide it before taking a picture.

Updated FAQ regarding Phoenix damages compensation

19 October 2020

PSAC has created a FAQ section regarding Phoenix damages compensation.

See the following page for more information: Phoenix damages settlement.

Legal battle begins to protect use of 699 leave during the pandemic

19 October 2020

PSAC’s legal challenge against Treasury Board’s regressive and discriminatory changes to 699 leave for federal public service workers is set to begin October 19.

In June, PSAC filed a policy grievance after the government tightened its guidelines around when public service workers can use “Other Leave with Pay” (699 leave) to fulfill child care needs during the pandemic.

The new policy fails to recognize that some parents may have to keep their children at home for legitimate reasons despite the availability of schools or child care. For example, some parents may choose to keep their children at home to protect members of their household who suffer from underlying health conditions that make them vulnerable to COVID-19 symptoms.

PSAC will meet with the Federal Public Sector Labour Relations and Employment Board in order to determine the scope of the policy grievance and set dates for the hearing.

PSAC made it clear that the new policy adversely impacts women who continue to bear a disproportionate burden of domestic responsibilities including child care, eldercare and household operations. It could also result in discriminatory outcomes for people with disabilities and people with family obligations, violating both members’ collective agreements and the Canadian Human Rights Act based on family status, sex and disability. The Canadian Human Rights Commission has also notified the Board that it intends on making submissions on this issue.

The proposed policy amendments would result in a patchwork of unfair outcomes for public service workers and give managers too much discretion in applying the policy.

PSAC pushes back against the use of sick leave for COVID-19

PSAC will also be contesting language in the policy that says employees who are experiencing COVID-19 symptoms or who self-isolate would be required to use available sick leave instead of 699 leave if they are unable to work.

This egregious change to the policy is discriminatory to public service workers and flies in the face of sound public health advice. Without the availability of a vaccine, and with many parts of Canada entering a second wave of the pandemic, Treasury Board’s proposed changes are premature and inconsistent with the current public health crisis.

There is also no evidence that employees have abused 699 leave during the pandemic. In fact, the Parliamentary Budget Officer has reported that 699 leave in the federal public service has been used modestly and cost very little. And as departments adapted to working from home, the number of employees forced to use 699 leave dropped by 84 per cent from April to June.

PSAC is committed to ensuring that our members, and in particular, women, caregivers and those with disabilities, continue to have the necessary support and leave with pay they need during the pandemic.

The original version of this article was first posted on the PSAC website.

Victory: Supreme Court reaffirms women’s equality in the workplace

12 October 2020

PSAC welcomes the Supreme Court of Canada’s recent decision in the Fraser case, which reaffirms the obligation of employers to treat women equally and without discrimination – a protection guaranteed by section 15 of the Canadian Charter of Rights and Freedoms.

In 1997, the RCMP introduced a job-sharing program allowing up to three employees to split the duties of one full-time position as an alternative to unpaid leave. In practice, the program has been almost exclusively accessed by women seeking reduced working hours to take care of young children. However, job-sharing penalized women by not allowing participants to buy back their pensionable time, an option available to employees using other types of leave.

The Supreme Court has now ruled that this discrepancy is a violation of women’s Charter rights and has ordered the RCMP to provide a pension buy-back option for all employees who participated in job-sharing. More broadly, this decision is a reminder from the top court to employers across the country: all human resource programs and policies must promote equity and prevent discrimination against historically disadvantaged groups.

While the lawsuit was brought forward by three now-retired RCMP officers who were not union members, PSAC joined in support of their case as an intervener at the Supreme Court.

Download PSAC’s submission

“PSAC thanks Joanne Fraser, Allison Pilgrim and Colleen Fox for their courage, and congratulates them on this important victory,” said Chris Aylward, PSAC National President. “Treating women equally means they should not be penalized when they take leave from work to care for their children. This win is another milestone in our union’s long history of work in support of gender equity.”

Here is a brief overview of PSAC’s decades-long work in support of women and child care:

- 1980s-1990s: With women at the forefront, tens of thousands of PSAC members launch a major strike in 1980 against Pierre Trudeau’s Liberal government that leads to groundbreaking paid maternity leave benefits, protecting mothers’ income while caring for their infants. These benefits eventually expand to include paid leave for both parents and full salary replacement for one year.
- 1989-1991: PSAC reaches an agreement with Treasury Board that a policy will be developed to encourage the establishment of workplace child care centres, open to both PSAC members as well as the general public.
- 1999: The union negotiates a special Child Care Fund to help members at Canada Post address their child care needs.
- 2004-2014: PSAC supports Fiona Johnstone, a member at the Canada Border Services Agency who requested accommodation for child care but was denied. In 2014, after a decade-long battle with her employer, the Federal Court of Appeals upheld a Canadian Human Rights Tribunal ruling that CBSA discriminated against Johnstone by failing to accommodate her family obligations related to child care. The precedent-setting Tribunal ruling must now be followed by all large employers in Canada.
- 2005: After more than a decade of advocacy by PSAC, the broader labour movement and women’s organizations, the federal government signs a series of child care funding agreements with provinces and territories, opening the way for a national child care system. A year later, however, the newly elected Harper Conservative government cancels all agreements.
- 2010-2020: In collaboration with other unions and child care organizations, PSAC ramps up advocacy in support of a publicly funded, national child care system. Campaigns include ‘Let’s Rethink Child Care!’, ‘Child Care 2020’, ‘You can’t take your kids to work’, and “Affordable Child Care for ALL.” Each involves intensive lobbying of federal politicians.
- 2020: PSAC files a policy grievance against Treasury Board regarding changes to its policy on the use of code 699 leave during the COVID-19 pandemic for childcare and caregiving responsibilities.
- 2020: In the midst of ongoing campaigning for a national child care program by the labour movement, Justin Trudeau’s government promises to “make a significant, long-term, sustained investment” towards a Canada-wide Early Learning and Child Care system. The plan will support millions of families across the country, promote a strong economic recovery and help prevent the pandemic from taking away the economic and social gains women have made over the last thirty years.

This article was first posted on the PSAC website.

SV members ratify new tentative agreement

5 October 2020

PSAC members in the Operational Services (SV) bargaining unit have voted in favour of their tentative agreement.

The unit represents nearly 10,000 federal public service workers who have gone above and beyond to support Canadians during this pandemic.

The new collective agreement covers the 2018-2021 period and provides fair wages, no concessions and improved working conditions.

“I am proud of the elected members of our bargaining teams for their unwavering dedication during this round of talks,” said Chris Aylward, PSAC National President. “Thanks to their hard work and the solidarity shown by thousands of members across the country, we were able to negotiate a fair deal. We’re now in a strong position to build on these improvements in the next round of bargaining.”

Next Steps

In the coming weeks, PSAC will meet with Treasury Board representatives to sign the new collective agreement. With the exception of monetary provisions, which are retroactive, new contract terms come into effect on the date of signing.

The employer has 180 days from the signing of the contract to implement wage increases, wage adjustments and allowances. As explained in the ratification kits, in view of this extended implementation timeline, PSAC negotiated a $500 lump sum payment into all contracts.

PSAC will update members when the contract is signed. Please keep your contact information up to date via the PSAC member portal.

Parks, CFIA and FB group

Members in the Parks and CFIA units vote between October 5 and November 4.

Members in the Border Services (FB) unit are still in talks.

The original version of this article was first posted on the PSAC website.

PA, TC, and EB members ratify new agreements with Treasury Board

29 September 2020

A majority of PSAC members in the Program and Administrative (PA), Technical Services (TC), Education and Library Science (EB), and PSAC-UTE (CRA) bargaining units have voted in favour of their respective tentative agreements. The four units represent nearly 110,000 federal public service workers who have gone above and beyond to support Canadians during this pandemic.

The new collective agreements for the PA, TC and EB groups cover the 2018-2021 period, while the new PSAC-UTE collective agreement covers the 2016-2021 period. All agreements provide for fair wages, no concessions and improved working conditions.

“I am proud of the elected members of our bargaining teams for their unwavering dedication during this round of talks,” said Chris Aylward, PSAC National President. “Thanks to their hard work and the solidarity shown by thousands of members across the country, we were able to negotiate a fair deal. We’re now in a strong position to build on these improvements in the next round of bargaining.”

Next Steps

In the coming weeks, PSAC will meet with Treasury Board and CRA representatives to sign the new collective agreements. With the exception of monetary provisions, which are retroactive, new contract terms come into effect on the date of signing.

Both employers have 180 days from the signing of the contracts to implement wage increases, wage adjustments and allowances. As explained in the ratification kits, in view of this extended implementation timeline, PSAC negotiated a $500 lump sum payment into all contracts.

PSAC will update members when contracts are signed. Please keep your contact information up to date via the PSAC member portal.

SV group, Parks, CFIA and FB group

Members in the Operational Services (SV) group have until October 5 to vote on their new contract while those in the Parks and CFIA units will vote between October 5 and November 4.

Members in the Border Services (FB) unit are still in talks.

The original version of this article was first posted on the PSAC website.